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News And Legislation

Is Delta-8 THC Legal in Illinois? Delta 8 Legality by State 2023

Delta-8 has become an enormous hit in places where recreational marijuana usage is illegal. A large number of persons are nowadays using Delta-8 oils, edibles, vapes, and cartridges for both beneficial and recreational purposes. Let’s find out if delta-8 THC is legal in the state of Illinois.


Generally, this substance is legal federally if obtained from hemp- that is, cannabis containing low levels of Delta-9 THC. However, some States have begun to restrict its use. 


Let’s take a glance at the present delta-8 legislation in Illinois below.


Is Delta 8 Legal In Illinois?


In Illinois, Delta-8 THC is legal, but the state’s department of agriculture has a different perspective about its status. 


In accordance with a recent marijuana policy statement, even state-licensed cultivators, growers, and infusers cannot synthesize delta-8 from hemp.

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However, many disagree with this position, saying that a policy announcement is not legally enforceable and does not conform to or follow current cannabis legislation.

To clarify: Delta-8 is legal, but not to manufacture in the state of Illinois.

Delta-8 THC Law in Illinois


Currently, Delta-8 is legal in 30 states, including Illinois. Using delta-8 THC is legal in Illinois under state law. Hemp-obtained delta-8 products may be used, possessed, sold, distributed, marketed, and produced lawfully.


But the legality of delta-8 in Illinois is still a matter of debate. As of March 3rd, 2023, according to a new regulation announced by the Illinois Department of Agriculture, Licensed cannabis producers in Illinois will be limited to chemically synthesizing delta-8 THC using CBD hemp extract. 


The policy says that psychoactive compounds, comprising but not constricted to delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinol, and THC-O, may not be concentrated or synthesized from industrial hemp or hemp-derived compounds. That means manufacturers in Illinois can’t make delta-8 themselves.


But, there is not yet clear information from the Illinois Health Department on this controversial issue. 


Following the signing of Senate Bill 2298 (the Illinois Industrial Hemp Act) by Governor Bruce Rauner in 2018, Illinois allowed delta-8 and all other hemp-obtained substances.


Specifically, the Industrial Hemp Act of Illinois removes all limits on hemp production and creates a legislative structure for industrial hemp growing, cultivation, and processing. It eliminates hemp-derived substances, such as CBD, from the definition of marijuana under the Noxious Weed Act and Cannabis Control Act.

Final Thoughts on is Delta-8 Legal in Illinois

However, Delta-8 is still available online and physically in retail stores. That’s despite the recent policy statement from the Illinois Department of Agriculture that prohibits the manufacturing of delta-8 hemp products. But, online sellers with valid Certificates of Analysis are the best place to buy delta-8 items (COAs).

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Despite the lack of legislation, the policy is not based on the law. Meanwhile, Illinois state law allows for the lawful possession, use, sale, manufacturing, distribution, and marketing b of delta-8.

Find out more information on Delta-8 here!


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